- learn more about the Continuing Record
Depending on your circumstances and what you’re asking for, you will also need to prepare:
- your original marriage certificate, if you’re asking for a divorce
- Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you’re making a claim for parenting time and decision-making responsibility in respect of children
- you must sign this form in front of a commissioner for taking affidavits
Simple application
To start a simple application for a divorce only (in other words no property or support claims), you need to prepare:
- Form 8A: Application (Divorce)
- Continuing Record, including a Table of Contents
- learn more about the Continuing Record
Joint application
If you and your spouse are asking for a divorce together, you will need to prepare:
- Form 8A: Application (Divorce)
- this form must be signed and dated by both you and your spouse
- bring four copies of this completed form for filing at the courthouse
- learn more about the Continuing Record
- you and your spouse must each complete your own copy of this form (one per spouse) and each sign it in front of a commissioner for taking affidavits
- write out everything that you and your spouse have agreed on and want included in your final divorce order (for example, child support, parenting time, or decision-making responsibility in respect of children)
- this form must be typed on a computer, not hand-written and you must bring four copies for filing at the courthouse
- one addressed to you and one addressed to your spouse
- the court will mail the order to you and your former spouse
If you and your spouse are together asking for orders other than a divorce, you will also need to prepare:
- Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you are asking for parenting time or decision-making responsibility in respect of children
- you and your spouse must each complete your own copy of this form (one per spouse), and each sign it in front of a commissioner for taking affidavits
- a draft Support Deduction Order, bring three copies of this completed form for filing at the courthouse
- Support Deduction Order Information Form
Get help completing your court forms
If you need help filling out you court forms and you don’t have a lawyer, you can:
- visit a Family Law Information Centre ( FLIC )
- use the Guided Pathways to Family Court Forms
- visit the Steps to Justice website
Step 2: get your application issued by the court
After you complete all your documents, you have to get them issued by the court. This means that a court clerk:
- signs and dates your original application and applies the court seal to the form
- gives you a court file number, which you must write in the box at the top right corner of each page of your forms on every copy
You should make copies of everything that the clerk returns to you in order to serve (in other words, deliver) a copy on the respondent and any other person or agency that needs to be served. Remember to also keep a copy for yourself.
Court filing fees
If you are starting your case at the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice, you may be required to pay a court fee or qualify for a fee waiver. If you’re eligible for a fee waiver, you won’t have to pay most fees. Learn more about fee waivers.
There is no fee to file documents at the Ontario Court of Justice.
First appearance
The clerk will give you a first appearance date if you start your case at the Ontario Court of Justice or the Family Court Branch of the Superior Court of Justice, unless you’re asking for a divorce or making claims related to property.
The Superior Court of Justice does not schedule first appearances when you issue your application. You are responsible for scheduling your first court appearance, which is usually called a case conference.
Mandatory Information Program
In most circumstances, you and the respondent will be required to attend a free Mandatory Information Program ( MIP )session. When the clerk issues your application, you will receive two MIP notices – one for you and one for the respondent. You will each be scheduled to attend different MIP sessions.
Step 3: serve all your documents
If you filed a general or simple application, you must serve the following documents on the respondent:
- a copy of your court-issued application and all your other forms (that you completed from Step 1, including the Continuing Record)
- the respondent’s Mandatory Information Program notice, if you received one from the court clerk who issued your application at Step 2
- blank copies of the forms that the respondent may need to fill out to respond to your application, such as:
- Form 10: Answer
- Form 13: Financial Statement (Support Claims), if you are asking for support, but you’re not making claims regarding property or debts
- Form 13.1: Financial Statement (Property and Support Claims), if you’re making claims related to property or debts (whether or not you’re also asking for support)
- Form 13A: Certificate of Financial Disclosure, if you’re making a support claim or a property claim
- Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you or the other party is making parenting time and decision-making responsibility claims
Someone other than you (who is at least 18 years old) must serve your documents on the respondent (in other words, deliver the documents), using special service.
If a first appearance is scheduled in your case, the respondent must receive your documents with enough time to complete, serve, and file an answer. The respondent must give an answer within:
- 30 calendar days if they received the application in Canada or the United States
- 60 calendar days if they received the application outside Canada or the United States
If you and your spouse filed a joint application, no service on the other party is required because you are together asking the court for the same orders (there is no respondent).
Step 4: File Proof of Service
Once you have served your documents, you must complete Form 6B: Affidavit of Service (one for each party in the case that received the documents) and file it at the court where you issued your application. This form provides the court with proof that your documents were served on the respondent and any other party.
